BILL NUMBER: S1401

SPONSOR: SERRANO
 
TITLE OF BILL:

An act to amend the parks, recreation and historic preservation law, in
relation to prohibiting the possession of concealed firearms in national
parks and national wildlife refuge systems

 
PURPOSE OR GENERAL IDEA OF THE BILL:

To prohibit the possession of concealed firearms in any park, campground
or other recreation areas.

 
SUMMARY OF PROVISIONS:

The parks, recreation and historical preservation law is amended by
adding a new section 13.32 which will enact the prohibition of concealed
firearms in parks, campgrounds and other public recreation areas. Except
as provided in this section and otherwise specifically permitted in law,
no person, other than a member of a federal, state or municipal law
              

enforcement agency, shall introduce or possess, either upon his or her
person or within a vehicle or other place of storage, any concealed
firearm in any federal, state or municipal park, campground or other
publicly dedicated recreation area.

The prohibition in subdivision one of this section shall not apply: to
any campground under jurisdiction of the department of environmental
conservation only during the spring and fall hunting seasons; and to an
person employed by a private security firm which has contracted with the
public agency having jurisdiction over the park, campground or public
recreation area for services on the property under the jurisdiction,
custody and control of such public agency who shall be permitted, with
the approval of such public agency, to carry or possess a concealed
firearm supplied by his/her employer in the course of his/her employment
on such property, provided that such person is licensed pursuant to
section 400.00 of the penal law and meets such minimum qualifications as
may be established by such public agency. In addition, any firm provid-
ing security services on park land, campgrounds or other publicly dedi-
cated recreation area lands shall provide public liability insurance,
naming the appropriate federal government, state or municipal agency as
an insured party, in such amounts as the public agency with jurisdiction
shall require.

A violation of the provisions of this section shall be subject to a
civil penalty not to exceed one thousand dollars.

 
JUSTIFICATION:

Federal Regulation (36 CFR Part 2 and 50 CFR Part 27) enacted in Decem-
ber, 2008 allows for the carrying of concealed weapons in National Parks
and National Wildlife Areas by those licensed to carry such weapons by
State law. This federal regulation creates confusing, burdensome, and
unnecessary inconsistencies regarding firearm regulations as it
conflicts with current State Park and DEC rules prohibiting the carrying
of concealed firearms. In the interest of public safety and the
protection of natural resources, as well as consistency of statute among
State, Federal and Municipal parklands, it is necessary to prohibit the

possession of concealed firearms in any park, campground or other public
recreation area within the State.

 
LEGISLATIVE HISTORY:

2009-10: A.2183C- Reported Referred to Codes
2012: S.7441 - Referred to Cultural Affairs, Tourism, Parks & Reaction
2013-14:S.1034-Referred to Cultural Affairs,Tourism,Parks & Recreation
2015-16:S.1201- Referredto Cultural Affairs,Tourism,Parks & Recreation
2017-18:S.3049- Referred to Cultural Affairs,Tourism,Parks& Recreation
2019-2020: S.3832 - Referred to Cultural Affairs, Tourism, Parks &
Recreation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.